What is the applicable statute of limitations for an action brought by a plaintiff who alleges he was defrauded out of a medical malpractice clinic?

California, United States of America


The following excerpt is from Butler v. Paraguya, A138792 (Cal. App. 2015):

We agree with the trial court, accordingly, that the applicable statute of limitations is that found in section 340.5. Thus, plaintiff was required to bring his action within "three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first." The three-year period may be tolled for proof of fraud or intentional concealment, but in any case, the one-year period begins to run when the plaintiff discovers or should have discovered the injury. ( 340.5; Graham v. Hansen (1982) 128 Cal.App.3d 965, 974-975.)

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